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2025 DAILYLAW 23891 (GAU)

KISHOR KUMAR KANOO AND 10 ORS. v. DIGANTA BARUAH

Cont.Cas(C)/148/2024 · 2025-11-23

Soumitra Saikia

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Judgment text

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Page No.# 1/4 GAHC010055602024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/148/2024 KISHOR KUMAR KANOO AND 10 ORS. S/O LT. JAWHAR LAL KANOO, R/O VILL. KUKITHAL BAZAR, P.O. PATHINI, P.S. BAZARICHARA, DIST. KARIMGANJ, ASSAM 2: SUBODH KR. GHOSH S/O LT. SUSHIL KR GHOSH R/O VILL. BADARPUR (RETIRED COLONY) P.O. BADARPUR P.S. BADARPUR DIST. KARIMGANJ ASSAM 3: PREM CHANDRA ROY SHARMA S/O JOGENDRA ROY SHARMA R/O VILL. FANIRBOND P.O. RATABARI P.S. RATABARI DIST. KARIMGANJ ASSAM 4: BIDHAN DUTTA S/O LT. BIOND BIHARI DUTTA R/O VILL. BAITHAKAL BASTI (HARI BASAR) P.O. KATABARI DIST. KARIMGANJ ASSAM 5: DEBASISH DESMUKH S/O LT. DWIJENDRA KR. DESMUKH R/O VILL. AMBARKHANA P.O. AMBARKHANA DIST. KARIMGANJ ASSAM 6: SAMIR KR. GHOSH Page No.# 2/4 S/O LT. NANIGOPAL GHOSH R/O VILL. SHYAMA PRASAD PALLY PO. BADARPUR DIST. KARIMGANJ ASSAM 7: BASANTA LAL KANOO S/O LT. KRISHNA RAM KANOO R/O VILL. SONAKHIRA P.O. SONAKHIRA DIST. KARIMGANJ ASSAM 8: RANJIT KURMI S/O LT. RAMPATI KURMI R/O VILL. SONTILA P.O. DURLAVCHERA DIST. KARIMGANJ ASSAM 9: RAJIB KURMI S/O LT. MADHU SUDAN KURMI R/O VILL. AND P.O. VIDYA NAGAR DIST. KARIMGANJ ASSAM 10: SURESH TATWA S/O LT. GOLAP RAM TATWA R/O VILL. AND PO. HATIKHIRA DIST. KARIMGANJ ASSAM 11: RAJ KUMAR CHAKRABARTY S/O LT. RAJENDRA CHAKRABORTY R/O VILL. BIJAYNAGAR P.O. RATABARI DIST. KARIMGANJ ASSA VERSUS DIGANTA BARUAH SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6. Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR. L MOHAN,MR A HOSSAIN Page No.# 3/4 Advocate for the Respondent : MR. R R Gogoi, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.11 .2025 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned counsel for the respondent. This contempt petition has been filed by the petitioner alleging willful disobedience of the directions contained in the order dated 28.08.2023 passed in WP(C) No.6188/2021. By the said order the writ petition stood disposed of with the following directions: “4. Considering the prayers made in the writ petition that the petitioners are claiming the benefits in terms of the directions passed by this Court in Upen Das & Ors. (supra), this Court is of the view that the matter need not be kept pending for want of instructions from the respondent authorities. Accordingly, this Court is of the view that the writ petition can be disposed of with a direction to the respondent authorities to consider the claims of the petitioners individually in terms of the directions given by this Court in Upen Das & Ors. (supra) read with the directions of the Apex Court passed in State of Punjab vs. Jagjit Singh reported in (2017) 1 SCC 148. If the benefit of fixed and minimum pay scale and other benefits have been offered to similarly situated persons who are employees of the Government of Assam, then the cases of the petitioners are also required to be considered as per law. Accordingly, the petitioners are permitted to file their individual representations before the competent authority i.e. the Secretary to the Government of Assam, Public Health Engineering Department the respondent no.5 within a period of 10 (ten) days from the date of receipt of a certified copy of this order and thereafter, the concerned Page No.# 4/4 authority will consider the cases of the petitioners and pass appropriate orders thereon within a further period of 60 (sixty) days from the date of receipt of the application of the petitioner(s). 5. In terms of the above, the writ petition stands disposed of.” Pursuant to notices being issued the instructions have been received by the learned counsel for the representing the respondents and he submits that the directions contained in the order has been complied with, the Secretary to the Government of Assam, Public Health Engineering Department had disposed of the representation of the writ petitioner by passing a speaking order dated 05.12.2014. By the said speaking order the representation of the writ petitioner stood rejected. Accordingly, it is seen that the directions contained in the order dated 28.08.2023 passed in WP(C) No.6188/2021 has been complied with. Copy of the speaking order passed by the authority which is placed before the Court is kept on record. This contempt petition is therefore, stands closed. Notices issued, stands recalled. JUDGE Comparing Assistant